BILL NUMBER: AB 352	CHAPTERED  08/30/99

	CHAPTER   252
	FILED WITH SECRETARY OF STATE   AUGUST 30, 1999
	APPROVED BY GOVERNOR   AUGUST 30, 1999
	PASSED THE ASSEMBLY   AUGUST 16, 1999
	PASSED THE SENATE   JULY 15, 1999
	AMENDED IN SENATE   JUNE 17, 1999

INTRODUCED BY   Assembly Member Migden

                        FEBRUARY 11, 1999

   An act to amend Sections 800 and 805 of the Business and
Professions Code, relating to licensing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 352, Migden.  Professional licensing.
   Existing law establishes the Board of Behavioral Sciences in the
Department of Consumer Affairs for the purpose of licensing and
regulating clinical social workers.
   Existing law requires other state boards that are responsible for
licensing and regulating various occupations and professions to
create and maintain a central file containing the names of all
persons who hold a license, certificate, or similar authority from
that board.  That file includes, among other things, written reports
containing disciplinary information, as specified.
   This bill would make those provisions applicable to the Board of
Behavioral Sciences.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 800 of the Business and Professions Code is
amended to read:
   800.  (a) The Medical Board of California, the Board of Dental
Examiners, the Osteopathic Medical Board of California, the Board of
Chiropractic Examiners, the California Board of Registered Nursing,
the Board of Vocational Nursing and Psychiatric Technicians, the
State Board of Optometry, the Veterinary Medical Board, the Board of
Behavioral Sciences, and the State Board of Pharmacy shall each
separately create and maintain a central file of the names of all
persons who hold a license, certificate, or similar authority from
that board.  Each central file shall be created and maintained to
provide an individual historical record for each licensee with
respect to (1) any conviction of a crime in this or any other state
which constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803; (2) any judgment or settlement requiring
the licensee or his or her insurer, to pay any amount of damages in
excess of three thousand dollars ($3,000) for any claim that injury
or death was proximately caused by the licensee's negligence, error
or omission in practice, or by rendering unauthorized professional
services, pursuant to the reporting requirements of Section 801 or
802; (3) any public complaints for which provision is hereinafter
made, pursuant to subdivision (b) of this section; (4) disciplinary
information reported pursuant to Section 805.
   (b) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
   If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.

   Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
   (c) The contents of any central file which are not public records
under any other provision of law shall be confidential except that
the licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source.  For the purposes of this section, a board
may protect an information source by providing a copy of the
material with only those deletions necessary to protect the identity
of the source or by providing a comprehensive summary of the
substance of the material.  Whichever method is used, the board shall
ensure that full disclosure is made to the subject of any personal
information that could reasonably in any way reflect or convey
anything detrimental, disparaging, or threatening to a licensee's
reputation, rights, benefits, privileges, or qualifications, or be
used by a board to make a determination that would affect a licensee'
s rights, benefits, privileges, or qualifications.
   The licensee may, but is not required to, submit any additional
exculpatory or explanatory statement or other information which the
board shall include in the central file.
   Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
   These disclosures shall effect no change in the confidential
status of these records.
  SEC. 2.  Section 805 of the Business and Professions Code is
amended to read:
   805.  (a) As used in this section, the following terms have the
following definitions:
   (1) "Peer review body" includes:
   (A) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare program as an ambulatory surgical center.
   (B) A health care service plan registered under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a nonprofit hospital service plan regulated under Chapter
11a (commencing with Section 11491) of Part 2 of Division 2 of the
Insurance Code.
   (C) Any medical, psychological, marriage and family therapy,
social work, dental, or podiatric professional society having as
members at least 25 percent of the eligible licentiates in the area
in which it functions (which must include at least one county), which
is not organized for profit and which has been determined to be
exempt from taxes pursuant to Section 23701 of the Revenue and
Taxation Code.
   (D) A committee organized by any entity consisting of or employing
more than 25 licentiates of the same class which functions for the
purpose of reviewing the quality of professional care provided by
members or employees of that entity.
   (2) "Licentiate" means a physician and surgeon, podiatrist,
clinical psychologist, marriage and family therapist, clinical social
worker, or dentist.  "Licentiate" also includes a person authorized
to practice medicine pursuant to Section 2113.
   (3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).

   (4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility.  Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
   (5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, when the action
is based on medical disciplinary cause or reason.
   (6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct which is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
   (7) "805 report" means the written report required under
subdivision (b).
   (b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency whenever any of the following actions are
taken as a result of a determination of a peer review body:
   (1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
   (2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
   (3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
   In addition to the duty to report as set forth in paragraphs (1),
(2), and (3), the peer review body also has a duty to report under
this section a licentiate's resignation or leave of absence from
membership, staff, or employment following notice of an impending
investigation based on information indicating medical disciplinary
cause or reason.
   The 805 report shall be filed within 15 days after the effective
date of the denial, termination, restriction, resignation, or leave
of absence, or after the exhaustion of administrative procedures,
without regard to any filing for judicial review.
   An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
   A copy of the 805 report, and a notice advising the licentiate of
his or her right to submit additional statements or other information
pursuant to Section 800, shall be sent by the peer review body to
the licentiate named in the report.
   The information to be reported in an 805 report shall include the
name of the licentiate involved, a description of the facts and
circumstances of the medical disciplinary cause or reason, and any
other relevant information deemed appropriate by the reporter.
   A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body.  In performing its dissemination
functions required by Section 805.5, the agency shall include a copy
of a supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
   In those instances where another peer review body is required to
file an 805 report, a health care service plan or nonprofit hospital
service plan is not required to file a separate report with respect
to action attributable to the same medical disciplinary cause or
reason.
   (c) The reporting required herein shall not act as a waiver of
confidentiality of medical records and committee reports.  The
information reported or disclosed shall be kept confidential except
as provided in subdivision (c) of Section 800 and Sections 803.1 and
2027, provided that a copy of the report containing the information
required by this section may be disclosed as required by Section
805.5 with respect to reports received on or after January 1, 1976.
   (d) The Medical Board of California, the Osteopathic Medical Board
of California, and the Board of Dental Examiners shall disclose
reports as required by Section 805.5.
   (e) An 805 report shall be maintained by an agency for
dissemination purposes for a period of three years after receipt.
   (f) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
   (g) An intentional failure to make a report pursuant to this
section is a public offense punishable by a fine not to exceed ten
thousand dollars ($10,000).
   (h) A failure by the administrator of any peer review body or the
chief executive officer or administrator of any health care facility
who is designated to transmit a report pursuant to this section
whether or not the failure is intentional is punishable by a civil
penalty not exceeding five thousand dollars ($5,000) per violation
payable to the board with jurisdiction over the licensee in any
action brought by the Attorney General.
